DEF Mitidonna LLC 1. Demurrer to Complaint
2. Order to Show Cause re: Sanctions/Dismissal
The Demurrer by defendant Mitidonna LLC (“Defendant”) to the Complaint by plaintiff RNS International, Inc. (“Plaintiff”), is sustained with 15 days leave to amend.
3rd COA for Fraud and 4th COA for Intentional Misrepresentation
Defendant contends these claims are vulnerable to general and special demurrer, because Plaintiff has failed to plead them with the requisite particularity.
It is well-established that “[f]raud must be pleaded with specificity rather than with ‘general and conclusory’ allegations.” Ragland v. U.S. Bank Nat’l Ass’n (2012) 209 Cal. App. 4th 182, 196, citing Small v. Fritz Companies, Inc. (2003) 30 Cal.4th 167, 184, internal citation omitted (“This particularity requirement necessitates pleading facts which ‘show how, when, where, to whom, and by what means the representations were tendered.”).
Here, the allegations in the Complaint do not include the requisite facts showing
Hearing Date
July 23, 2020
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DEF Mitidonna LLC 1. Demurrer to Complaint
2. Order to Show Cause re: Sanctions/Dismissal
The Demurrer by defendant Mitidonna LLC (“Defendant”) to the Complaint by plaintiff RNS International, Inc. (“Plaintiff”), is sustained with 15 days leave to amend.
3rd COA for Fraud and 4th COA for Intentional Misrepresentation
Defendant contends these claims are vulnerable to general and special demurrer, because Plaintiff has failed to plead them with the requisite particularity.
It is well-established that “[f]raud must be pleaded with specificity rather than with ‘general and conclusory’ allegations.” Ragland v. U.S. Bank Nat’l Ass’n (2012) 209 Cal. App. 4th 182, 196, citing Small v. Fritz Companies, Inc. (2003) 30 Cal.4th 167, 184, internal citation omitted (“This particularity requirement necessitates pleading facts which ‘show how, when, where, to whom, and by what means the representations were tendered.”).
Here, the allegations in the Complaint do not include the requisite facts showing